My opposing counsel in my crime victim case requested what I believe is a motion to modify my supbpoenas. If you would enter a quick chat Id appreciate it. The reason they gave is that it was my signature as petitioner appearing pro se and not a court officer. Unless I misheard, I was given ok by the judge to do that at the prehearing. She said because I was acting as my own attorney I could do that. The paralegal present did not object. I followed up with a phone call later and asked when to submit them to the court & she said to simply bring them to the hearing.
What's more disconcerting is that my opposing counsel said some attorney is representing a lot of my witnesses and informed her that he is advising them not to show up because of an invalid subpoena. She left the attorney's name out, but I believe this attorney I may have contacted to take my case for me and now is turning around and representing my witnesses. He is known for unethical behavior and has been barred before. My opposing counsel went on to say that the witnesses have conferred with one another.
Basically, I'm afraid they're trying to get together to not only talk about the subpoenas but protect the people who assaulted me and get their stories straight.
I called a clerk who asked a judge and said I have authorization to serve my own subpoenas but not sign them. Does the ruling of the judge at the pre-hearing override that when the opposing counsel did not object.
Also, maybe there's some middle ground. I'd like to keep my original subpoena intact. Can the judge issue an order of some sort to the witnesses compelling the adherence to the original subpoena, even though it had my signature instead of a court officer. Shoot, I was told I could issue my own.
You explained that well, thank you. Even though the answer is not favorable to me I appreciate you being honest. Now I can do something about it. For that, I will give you an excellent service rating.
I do have a few random questions if you don't mind.
Now that I will reissue these subpoenas is that going to impact my case in any way (other than having a hard time finding them, because they want to hide of course)?
I issued them checks with those subpoenas as required. I don't want to cancel those checks. It's a lot of money. How can I get around that? Can I just issue a statement with the subpoena to say to use the check previously served and bring both affidavits with me to court? However, they could say they threw them out because it was an invalid subpoena. I don't know if they would have a legal basis for that or not.
My witnesses are uncooperative and I REALLY want to know the name of that attorney. They won't return my calls. How do I find out who the attorney representing my witnesses is? Do I have a right to know that?
Now that I will reissue these subpoenas is that going to impact my case in any way (other than having a hard time finding them, because they want to hide of course)? Once you get a properly issued subpoena served, all will be fixed.
I issued them checks with those subpoenas as required. I don't want to cancel those checks. It's a lot of money. How can I get around that? Can I just issue a statement with the subpoena to say to use the check previously served and bring both affidavits with me to court? However, they could say they threw them out because it was an invalid subpoena. I don't know if they would have a legal basis for that or not.You are going to have to stop payment on those checks if you can, and issue new ones required to be served with the subpoenas.
My witnesses are uncooperative and I REALLY want to know the name of that attorney. They won't return my calls. How do I find out who the attorney representing my witnesses is? Do I have a right to know that? Knowing who the attorney is, is not going to help you. As the attorney is not representing them in your case---you cannot serve the attorney with the subpoenas for the witnesses. As the witnesses are apparently reluctant to cooperate, I strongly urge you to have the local sheriff serve the subpoenas.
I still want to know the name of the attorney to see if it is the guy who I established attorney client relationship with. Regardless of whether he is allowed to do it, I'd still like to know if it's the guy I talked to.
Ok. So what am I supposed to put on the signature line if I don't put my name on it?
Ok, thank you. One last follow-up question. Promise. I have less than 3 weeks before the hearing. Can they be served up to one day before?
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